DURGA CHAND KAUSHISH Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff-appellant is a lessee of a plot of land measuring 5444 square yards situated in Basti Ara Kashan. Pahar Ganj. Delhi, under a lease deed dated 17th September 1931, executed between him through his father as guardian, and the Secretary of State for India in Council, through the Deputy Commissioner, Delhi. The lease was stated to be for a term of 90 years, commencing from !st April 1931. The plaintiff paid a premium of Rs. 18.154.00 The annual rent was Rs. 365.00, payable in two equal halfyearly instalment of Rs. 182.50 paise each. The demised land as well as other nazul land in Delhi were placed at the disposal of the Delhi Improvement Trust (hereinafter referred to as the Trust) which held and managed this land on behalf of the Government as its statutory agent till it was supreseded in 1957.

(2.) The Trust framed a scheme for the improvement and development of the Basti Ara Kashan area in which the demised land was situate. To ensure development of the said area, the plaintiff was required to enter into an agreement to erect new buildings, on a part of the demised area, in accordance with the plans approved by the Trust and also to pay a sum of Rs. 10,888.00 in lieu of development and betterment charges. An agreement to this effect was executed on 27th May 1955 (Exhibit P. 4). By virtue of the said agreement the annual rent under the original lease, which had by then run for 24 years, was kepi. us before, at the same yearly rent of Rs. 365.00 which the plaintiff continued to pay to the Trust, and after its supersesion to its successo the Delhi Development Authority (second defendant).

(3.) On 3rd June 1964, a sum of Rs. 4,657.75 Paise was recovered from the plaintiff as arrears of rent by the second defendant through the Collector. the plaintiff was also compelled to pay. which he did under protest, further sums of money on the supposition that at the end of 20 years commencing froin 1st April 1931 the rent became enhanced by one hundred per cent. The enhanced rent between 1st January 1952 and 30th June 1963 was thus stated to be Rs. 4,472.25 Paise. According to the plaintiff, however, annual rent at the rate of R.s. 365.00 was alone payable by him for 90 years from 1st April 1931 and that such renewal, as was contemplated by the lease deed involving the payment of enhanced rent. was to come into operation only at the expiry of 90 years from 1st April 1931. He, therefore, laid the present suit, out of which this appeal arises, on 10th July 1967, for a declaration that he was entitled to enjoy the demised land for a period of 90 years from 1st April 1931 at a rent of Rs. 365.00 per annum only, for an injunction restraining the second defendant from recovering anything in excess of the said rent, and for recovery of what was illegally collected from him.